RESOLUTION No.

8820

IN THE MATTER OF THE POLICY OF THE COMMISSION ON DECISIONS,
RESOLUTIONS OR ORDERS OF THE COURTS RELATIVE TO INCLUSION
OF VOTERS
IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL
ELECTIONS.
Promulgation: 21 April 2010


WHEREAS, the Commission on Elections has adopted an Automated
Election System (AES) for the May 10, 2010 National and Local Elections;
WHEREAS, under the said technology and as a security protocol against
vote padding, the authorized number of registered voters is encoded into
the system such that voters in excess of said number will not be able to
vote, or that ballots in excess of said number will not be accepted by the
system;
WHEREAS, Section 34 of Republic Act No. 8189 provides:
"Sec.34. - Petition for Inclusion of Voters in the List. - Any
person whose application for registration has been disapproved by the
Board or whose name has been stricken from the list may file with the
court a petition to include his name in the permanent list of voters in his
precinct at any time except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to a special election. It
shall be supported by a certificate of disapproval of his application and
proof of service of notice of his petition upon the Board. The petition
shall be decided within fifteen (15) days after its filing."
WHEREAS, Resolution No. 8646, promulgated on 14 July 2009, fixed the
last day to file petitions for inclusion or exclusion of voters in the list of
voters for purposes of the May 10, 2010 National and Local Elections on
30 November 2009 and 04 December 2009, respectively;
WHEREAS, under Republic Act 8189, the courts have fifteen (15) days
from the filing of the petition or at the very least until 25 January 2010
to render their decisions in exclusion/inclusion proceedings;
WHEREAS, to ensure the orderly conduct of the May 10, 2010 National
and Local Elections and the integrity of the automated election system,
Section 34 of RA 8189 should be strictly implemented;
WHEREAS, there is a need to provide uniform policy to our field
personnel in dealing with the decisions, resolutions or orders of the
courts in inclusion proceedings, taking into consideration the
requirements of the automated election system and aforesaid provisions
of the law;
NOW, THEREFORE, the Commission on Elections, by virtue of the
powers vested in it by the Constitution, the Omnibus Election Code,
Republic Act No. 9369, and other pertinent election laws, RESOLVED as
it hereby RESOLVES to direct all Election Officers to defer
implementation of Decisions, Resolutions or Orders of
Metropolitan/Municipal Trial Courts on inclusion of voters
rendered/promulgated beyond the reglementary period provided under
RA 8189 and to refer the same within five (5) days from receipt thereof,
to the Law Department for proper disposition.
This Resolution shall take effect on the seventh (7th) day after its
publication in two (2) daily news papers of general circulation.
Let the Executive Director implement this Resolution with dispatch.
S0 ORDERED.